shall coordinate the performance of and payment for all repairs and maintenance of the
Aircraft. |
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| 5.5 |  | **Flight Crew**. All members of the Flight Crew shall be fully competent and experienced, duly
licensed, and qualified in accordance with the requirements of Applicable Law and all
insurance policies covering the Aircraft. All members of the Flight Crew who are pilots shall
be fully trained in accordance with an FAA-approved training program, including initial and
recurrent training and, where appropriate, contractor-provided simulator training. |
|  |
| 5.6 |  | **Operational Control**. THE PARTIES EXPRESSLY AGREE THAT LESSEE SHALL AT ALL TIMES WHILE THE
AIRCRAFT IS IN ITS POSSESSION DURING THE TERM MAINTAIN OPERATIONAL CONTROL OF THE AIRCRAFT,
AND THAT THE INTENT OF THE PARTIES IS THAT THIS AGREEMENT CONSTITUTE A “DRY” OPERATING LEASE.
Lessee shall exercise exclusive authority over initiating, conducting, or terminating any
flight conducted pursuant to this Agreement, and the Flight Crew shall be under the exclusive
command and control of Lessee in all phases of such flights. |
|  |
| 5.7 |  | **Authority of Pilot in Command**. Notwithstanding that Lessee shall have operational control of
the Aircraft during any flight conducted pursuant to this Agreement, Lessor and Lessee
expressly agree that the Pilot in Command member of the Flight Crew retained by Lessee
pursuant to Section 5.3, in his or her sole discretion, may terminate any flight, refuse to
commence any flight, or take any other flight-related action which in the judgment of the
Pilot in Command is necessitated by considerations of safety. The Pilot in Command shall have
final and complete authority to postpone or cancel any flight for any reason or condition